Summary: Ms X complains that the Council will not grant a single occupancy allowance for her council tax liability. We will not investigate this complaint because she can appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that the Council will not grant a single occupancy allowance for her council tax liability.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision.

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My assessment

7. Ms X says that she left a property and her partner’s name has been removed from the electoral role. The Council says that they will consider awarding a single occupancy discount if she can provide evidence of a tenancy agreement solely in her name for the period after her partner left.
8. Ms X says that she provided this but the Council has not replied.
9. Any dispute about entitlement to a council tax discount or exemption can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case. The tribunal can decide whether the evidence presented is sufficient to alter her liability.

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Final decision

10. I do not intend to investigate this complaint because she can appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman